Bail granted considering specific role and duration of custody notwithstanding pending criminal antecedents.

The applicant sought a First Bail Application following his arrest in connection with Crime No. 442/2025 at Police Station Simga

The prosecution alleged that on August 13, 2025, the applicant and co-accused assaulted the complainant’s son due to an old rivalry

While the applicant allegedly used hands and fists, the co-accused (Mussu @ Irfan Musalman) was the individual who reportedly stabbed the victim in the back with a knife

The applicant has been in custody since January 16, 2026, and has three pending criminal antecedents

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given his specific role in the offense and his criminal history

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail

Sections 296 (Obscene acts/songs), 351(3) (Criminal intimidation), and 118(1) (Voluntarily causing hurt by dangerous weapons) read with Section 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), alongside Sections 25 and 27 of the Arms Act

The court balanced the gravity of the charges and criminal history against the actual role of the accused and the duration of pretrial detention

The court evaluated the nature of the allegations and the specific role attributed to the applicant. It noted that the primary weapon-based assault (knife) was attributed to the co-accused, whereas the applicant’s participation was limited to assault using "hands and fists"

Although the State opposed bail citing three pending criminal cases, the court considered that the applicant had been in jail for over two months (since January 16, 2026) and that the trial would likely be protracted

The court found the applicant eligible for bail, determining that the applicant's specific role and the expected duration of the trial outweighed the weight of the antecedents, provided stringent conditions were imposed to ensure his attendance and prevent the abuse of liberty

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to several conditions: he must not seek adjournments during witness presence, must attend all court dates (personally or through counsel), and must appear in person for specific trial milestones like charge framing and statement recording under Section 351 of BNSS

Failure to comply would allow the trial court to treat the default as an abuse of liberty and initiate proceedings under Sections 209 or 269 of the BNS